rolling through our skies today and looks like it will stay mild. no rain in the forecast just yet. will that change for the new year? we'll talk about that coming up. >> and the roads are nice and dry as lawrence said and everything is light, as well. of course, this is new year's eve so we are not expecting a full morning commute. we'll show you where there is overnight roadwork. >> we think you would be busier tonight than this morning here in the city anyway. >> action packed. >> thank you. some developing news now in san francisco. a police officer was hurt during a high-speed chase through several neighborhoods. the chase began around 9:00 last night and ended when the suspect crashed near the southeast corner of golden gate park. >> the incident started in the bayview district. officers went up to a car to take a person of interest. he made some movement consistent with having contraband or a weapon in the

vehicle. the suspect then took off. pursuit followed. >> during the chase, one officer fired a shot that hit the suspect's car. the suspect tried to run after he crashed but was caught. the injured officer is expected to recover. it's not clear exactly how he was hurt. but he may have been hit by the suspect's vehicle. oakland teen declared brain- dead is on a ventilator this morning after getting an 11th hour reprieve. a judge stepped in and stopped children's hospital oakland from taking jahi mcmath off the ventilator. kpix 5's andria borba reports her family wasn't given a lot of time. >> i'm not trying to hold on to a corpse. that is a live girl in there. >> reporter: at 4:00, with an hour to spare before jahi mcmath's vent was to be turned off inside -- ventilator was to be churned off inside the hospital, an alameda county judge stopped it giving the family a reprieve until january 7. >> today was a real hard day for me. like i said, i just felt like my daughter was on death row and no mother should feel like that about her 13-year-old

daughter. >> reporter: that alameda county restraining order was filed along with a separate filing in federal court of nearly 100 pages of documents and a video that according to her family shows a brain-dead jahi responding to her mother's voice. >> i believe my daughter is alive, i don't care what they say. she is moving. if you go in a room with your child and you talk to your child and they say your child is brain-dead and they respond to you and they move, you're going to believe your child is alive. >> reporter: attorney christopher dolan says the family found a facility that will take the 13-year-old in new york state but they need children's hospital to play ball. >> what we're hoping is that when the facility is locked in, that this hospital will do the procedure or let someone come in and do the procedure. they say jahi is dead. but they won't give us her body. >> reporter: the procedures are breathing and feeding tubes necessary for the teen to be moved. children's hospital has refused saying they won't perform

procedures on dead people. >> my daughter is alive. she's warm. and i go in there and let her know all the time. we won today. maybe a small victory. we only got two more days. >> reporter: andria borba, kpix 5. >> this is a very emotional case and the medical aspects of it are very complex. kpix 5 spoke to a biomedical ethicist at stanford. he says there are two ways to which a patient can be declared dead, by circulatory criteria meaning the heart is stopped or by neurological criteria meaning the brain has stopped. sometimes when we hear brain death we think it's not death. that's not the case. this is not like many of the other cases of patients who have been comatose and some have recovered, some not. those were cases of living patients with catastrophic brain injury. it's really though critically important that the public be clear, this is not a terri schiavo case. this is not an end of life case. this is a patient whose end of

life came and went. >> jahi had a tonsillectomy three weeks ago. she went into cardiac arrest after surgery never regained consciousness. three days later doctors declared her brain-dead and the legal battle began. a train carrying crude oil derailed in north dakota and blew up causing a massive fire that's lasted through the night. susan mcginnis reports, an entire town nearby is being urged to evacuate. >> reporter: explosions sent flames and thick black smoke billowing into the sky after a train carrying crude oil derailed near castleton, north dakota, about half hour west of fargo. >> we were taking a nap and then all of a sudden we heard this big boom and we ran outside and seen black smoke and then orange smoke. >> reporter: as night fell monday, local authorities warned a shift in the winds could push potentially toxic fumes from the blaze over the town of castleton. >> there's a very heavy plume of smoke and carcinogen coming from the burning wreckage of

the cars. >> reporter: police urged all 2400 residents to evacuate. >> just grab whatever and leave. because they were like outside my house waiting for us to leave. >> reporter: officials with bns of railway company believe a train transporting grain derailed and hit the train carrying crude oil sparking the explosions and fire. a team from the national transportation safety board is on the way to help figure out what caused the accident. crews are letting the blaze burn itself out so investigators are not expected to get close enough to gather evidence until later today. susan mcginnis, cbs news. >> there were no reported injuries, but health experts say breathing in the fumes from crude oil can cause red itchy eyes and coughing. the bay area could soon so flooding in the next few days even though it's bone dry out there. kpix 5 reporter sharon chin on the king tides phenomenon. >> reporter: we are at the wharf where you can see the three vertical columns going up

and down according to the water levels each thick stripe representing a foot of water so the tide is 4 feet above sea level but in a matter of hours at high tide it will soar to more than 7 feet. >> that's big. >> reporter: hoover chan walks along the sausalito pirate low tide. he says his boat in brisbane is ready for the king tide. >> you're just aware of it and make sure your dock lines are good and you check the boat. >> reporter: king tides produce extremely high and low tides about once a year when the sun, moon and earth align to create a strong gravitational pull. oyster point marine workers experiencedded flooding at the start of the king tide. >> it gets up to the street and you will deal with the saltwater on the cars and stuff like that. >> reporter: the king tides are expected to sweep in more than 7 feet above sea level tuesday and wednesday morning and fall to about a foot and a half below sea level later in the day. some scientists are forecasting a one- to two-foot permanent rise in sea level in several

decades so san francisco baykeeper is asking the public to share photographs of the king tides for shoreline planning. >> with sea level rise and weather changes the next 30, 40 years we might be looking at tides that are normally this high. >> reporter: if you miss it this time, the king tides are expected to return the last three days in january. sharon chin, kpix 5. i think that's the only way we are going to see water, king tides. >> haven't found any water from the clouds. but, you know, i like when the tide goes out with the low tide and you can go out and check out the rocks. that's neat. that will happen this afternoon. today though couple of clouds out there but no raindrops in sight, unfortunately 2013 going to end dry weather-wise. looks like we are going to keep some clouds in the forecast though for the day. so partly cloudy skies and a few clouds and the temperatures, well, it will be just slightly cooler 50s at the coastline, 60s inside the bay and also into the valleys. south the door we go right now, a few clouds continuing

overhead even some low clouds toward the coastline. the temperatures cool in spots but not as cold as yesterday. 34 in santa rosa. 36 in concord. and 42 degrees right now in san francisco. this afternoon, partly cloudy, 65 in livermore, 64 in oakland and 60 degrees in san francisco. more on your new year's day forecast coming up. right now, let's check the roads with elizabeth. >> reporter: it is quiet out there. we saw nothing on the chp reports. we don't see that a whole lot. let's go out live and show you how light traffic is right now. this is a live look along the peninsula, 101 near trimble. this is actually san jose. everything looks good along the peninsula closer towards santa clara and continuing into palo alto. no delay at all. on the maps, overnight roadwork westbound 80 this morning various lanes blocked until about 5:00 from buchanan to powell in emeryville. if you are heading towards the bay bridge toll plaza, for the last several commutes no metering lights ever since christmas so we have seen light traffic ever since december

25th -- actually, december 24th heading into san francisco. a quick check of silicon valley drivers westbound 237, so far moving at the speed limit this morning into sunnyvale. that is your latest "kcbs traffic." it's so dry, california's buried secrets are resurfacing. reporter george warren takes us deep into folsom lake. "kcbs traffic report." >> reporter: every once in a while folsom lake reveals its secret that nearly 60 years ago, lake water flooded what was left of the gold rush town of mormon island, portions of which have emerged as the water level drops. >> it's a shame that the lake is this low, but it really is interesting to see. >> we have been talking about coming down here for years and the lake keeps getting lower so we figured this would be a good time to check it out. >> reporter: it appears visitors have largely respected the state park's prohibition against scavenging. recovered artifacts like square headed nails have been neatly placed on stones and tree

stumps. >> what do you think? >> pretty cool. >> reporter: the good weather and the break from school have turned the dry lakebed into a popular family field trip. >> we wanted to show the kids because we have been here on boats and, you know, had fun water skiing and everything but never seen it like this. it's a little eerie, to be honest. you have to kind of see it your with own eyes. >> reporter: who knows what more foal tomorrow lake has to reveal. >> the lake will likely drop even more in the coming weeks to a level we haven't seen since the dam was built in the 1950s. 4:40 now. there's been a run on long guns in california because of a law that's about to go into effect. beginning tomorrow it it the state will keep records of who buys rifles and shotguns. it used to destroy the information after five days. gun dealers will have to register long guns with the state. business has been brisk in san carlos. >> they know their driver's license information, their

basic information is passed on to the government. the government knows that they have one long gun. but they just don't like the idea of them knowing exactly what they have in their possession. >> police say the new law will help track down guns used in crimes. a san francisco intersection where a young bicyclist was killed now has some new safety measures. this is sixth and folsom where 24-year-old amelie was hit and killed by a truck in august. crews have added an improvement on the bike lane where she was hit just a few feet from a christmas message left by her family. they were going to add the green carpet here but it was expedited after the accident. i thought that target would be able to give me a cash refund in light of what was going on with the credit cards. >> this target customer thought wrong, though. and wound up without her returns or her cash. what you need to know if you plan to take back any gifts bought with a now canceled credit card. >> but first, help could be

near for dozens stranded off antarctica. the break that could finally lead to a rescue. next. ,,

christmas eve... could be rescued. the group got stuck while on a research expedition. three scientists and tourists on a ship stranded on a ship in the ice in antarctica since christmas eve could get rescued. they got stuck on a research expedition. three icebreakers have been unable to reach them. rescuers are expected a break in the weather there today. they plan to airlift people out. one of the crewmembers posted a video yesterday of just how rough the conditions have been. >> minus one and blowing snow. we are standing on the leeward side of the boat. the weather is clear late in the day so we are happy about that. >> the ship is well stocked with food and they have heat. the plan is to get all the passengers off but the crew will remain on board whatever your new year's eve celebrations are tonight, cal fire says there better not be any open fires.

it's so dry out there, there's a ban on all outdoor burning in most of the bay area. campfires will be allowed only in designated campgrounds or with special permission on private property. lawrence, looks like another "spare the air" day today. >> yes, the folks at the bay area air quality management have issued another "spare the air" day here in the bay area. looking to light up a fire on new year's eve, you'll be in trouble. we haven't had any rain and i don't see much coming our way. >> time for a rain dance. >> out the door, cloudy skies, most of the energy staying well to the north of the bay area. the most exciting thing around here is the king tides up to 7.1 feet today around 10:00 so again we could see a little flooding along the embarcadero. then into the afternoon, you're

going to see it get other way down to minus 1.5 feet at 4:36. so yes, some interesting stuff there so watch the waters for today. looks like as we head throughout the day it will be a mix of sun and clouds and then yeah, starting the new year on the dry side as high pressure just too strong to keep all these storm systems well to the north even though it's trying to break down a little bit not strong enough to get in here. that means we'll have to wait until next week and then maybe we'll talk about the possibility of some rain. temperatures are running in the 60s in the central valley, 62 and partly cloudy skies into monterey bay. around our bay 63 in san jose, 61 in fremont, and 62 degrees on this last day in 2013 in san mateo. east bay temperatures running in the 60s this afternoon. it will be hazy at times and a few clouds will continue to filter through your skies. 50s at the coastline a little cool there with a gentle sea breeze. next couple of days, 2014 starting out dry and warmer temperatures near 70 degrees into thursday. then looks like maybe some slight cooling in the latter part of the weekend. all right.

let's check your "kcbs traffic" with elizabeth. and it is "holiday light" once again. you can see it in all our travel times so far. lighter than even usual at this time of the morning. so if you are coming through the altamont pass, you haven't seen those usual backups out of tracy and continuing into the livermore valley, right now only 14 minutes between the altamont pass and the dublin interchange. the nimitz and the eastshore freeway also clear. there is some roadwork right now through berkeley. mass transit, golden gate ferries is back on a holiday schedule today. everything else though regular schedule bart systemwide on time. and in fact they run until 3:00 this morning for the new year's holiday. all right. let go out live to our maps now and check the road sensors out in the east bay. if you are traveling the nimitz freeway southbound and northbound 880 headlights moving southbound. this is pretty close to oakland airport. no problems all the way down into hayward. if you are continuing towards highway 92. and westbound 24 through the caldecott tunnel, still moving at the speed limit this morning in fact all the approaches to the bay bridge look great no delay and like i said for the

past week or so they have had no need for any metering lights during the morning drive. that is your latest "kcbs traffic." frank, michelle, back to you guys. >> okay, liz, thanks. 4:48 now. whatever happens with the market today wall street can celebrate the year that is coming to an end. marlie hall has the numbers. >> reporter: it's the final day of trading for 2013 here on wall street. the dow is on track for its best year since 1996. yesterday the dow rose nearly 26 points. the nasdaq fell. ford says it will end 2013 as the top-selling brand in north america. the automaker says it sold more than 2.4 million vehicles this year and saw double-digit sales growth for all types. car companies will release their december sales figures friday. those numbers are expected to confirm ford will hold on to the top spot over toyota. google is hitting the road. the "wall street journal" reports the web giant is teaming up with audi to develop in-car entertainment and

information systems. it will be based off google's android operating system. the partnership is expected to be announced next week at the consumer electronics show in las vegas. and a typical new year's resolution is getting more exercise. according to a netflix survey, nearly half of those polled said in the new year, they would be more motivated to work out if they could binge watch their favorite tv shows while exercising. respondents prefer sitcoms over any other genre when working up a sweat. that's your moneywatch. for more log on to cbsmoneywatch.com. at the new york stock exchange, i'm marlie hall. it was bad enough target customers' credit cards were hacked. one woman tells julie watts she got kicked out of the store when she tried to make a return. >> i was very frustrated and i thought other people should know. >> reporter: this woman we'll call jo isn't concerned about the target credit card breach. she canceled her cards. rather, she is upset about how she was treated when she tried to return a few items she had purchased this target using her now canceled card.

>> i thought that target would be able to give me a cash refund in light of what was going on with the credit cards. >> reporter: her returns amounted to about $27 but jo says after talking to two customer service reps a manager told her she was out of luck. >> he said there was nobody else i could speak to at that point. >> reporter: he offered her a gift card and when she insisted on a refund -- >> he told me i would have to leave the store and called his security guard over. and then he physically blocked me from walking through the store. >> reporter: she says she was so shaken up she left without her returns or her money and asked us to conceal her identity. but what jo didn't know and what no one at target bothered to tell her is she could have had her purchases refunded to her card even though she didn't have it. >> they bridge the old and new accounts. >> reporter: they explain why you can't make purchases with the canceled card, but you can still use it for returns and any credit will appear on the replacement card.

when we accompanied jo back to the store a different manager said they couldn't comment on how jo treated the first time around. but she apologized and happily agreed to refund jo's money. >> nice to meet you. >> reporter: but jo says she is still waiting for an apology from the first manager who had her escorted out over a $27 refund. target hasn't commented so it's not clear why under the circumstances they wouldn't just give her the $27 cash. but if you have a consumer problem, give us a call at kpix.com or send us an email to consumerwatch@kpix.com. coming up at 5:00 the latest developments in the family fight to find a place to take care of 13-year-old jahi mcmath.

rung in the new year. these fireworks went off from the "auckl there you go. auckland, new zealand, has rung in the new year. fireworks went off about 90 minutes ago. the next celebration will happen in sydney, australia, that's coming up in about a half hour. as the party travels west around the globe ending of course here in the united states. crews in new york city meanwhile are practicing the giant crystal ball drop in times square. millions will pack the city and many will watch the ball drop at midnight. muni will be providing free service on new year's eve. it will offer rides starting at 8:00 tonight through 5 a.m. tomorrow morning. >> are you going to stay up for midnight? >> no, i'm not. >> i don't think so. [ laughter ] >> note when you have to be here at 4:30 -- not when you have to be here at 4:30. we'll ring it in on the air. a shadowy figure photo bombed a family's picture in the ocean sparking a heated

debate. stacey butler went to an expert to solve a southern california mystery. reporter: the moment this heart stopping snapshot off manhattan beach went viral, facebook blew up with posts. some experts wrote, everyone knows this is a dolphin. others were convinced it is a juvenile great white shark 10 to 12 feet long. the answer? >> the great thing about science is, it's always great for us to disagree. and you know, it's hard to always be absolutely certain. certainly from the picture if you look at it from a distance, it looks like it's, you know, either one. >> we. >> reporter: we asked aquarium of the pacific's marine biologist to settle the debate once and for all. he says sharks have two triangle dorsal fins and vertical tail. the image shows just one dorsal fin and a tail that looks like that of a dolphin. >> certainly looks horizontal. it's hard to say if that's a second dorsal fin or not. doesn't really look like it. this was like a triangular dorsal fin not curved more

shark-like. this pectoral fin to me looks more dolphin-like and this nose is to me just inconclusive. >> reporter: the water he points out is curved, further distorting the image. the manhattan beach mother who took the picture was watching her sons play in the surf. her daughter told her she saw pods of dolphins in the area right before she snapped the photo. >> white shark of that size is hunting small fish in the same area that dolphins are and places like manhattan beach coastal beach zones are places where dolphins and shark can both find food. >> reporter: in manhattan beach, stacey butler, kpix 5. >> what do you think? >> i'd pull my kids out. that's what i would do. that's big. >> sharks in southern california tend to be younger than 18 months old. >> and experts say adults are more likely to be found near san francisco. so lucky us i guess. >> no kidding. 4:56. jahi mcmath is granted one more week on a ventilator. what's next for the 13-year- old's family's legal battle? >> reporter: i'm mark kelly

live in golden gate park where a high-speed chase ended in this mess. coming up, what triggered the chase and where's the suspect this morning? ,, overmany discounts to thine customers! [old english accent] safe driver, multi-car, paid in full -- a most fulsome bounty indeed, lord jamie. thou cometh and we thy saveth! what are you doing? we doth offer so many discounts, we have some to spare. oh, you have any of those homeowners discounts? here we go. thank you. he took my shield, my lady. these are troubling times in the kingdom. more discounts than we knoweth what to do with.

my daughter is alive. i don't care what they say. she's moving. >> a reprieve for a mother convinced her daughter is alive. >> jahi mcmath is going to be kept on a ventilator for at least another week. >> this is what's left after a high-speed chase through some of the busiest parts of san francisco. the chase ended when the suspect crashed near the southeast corner of golden gate park. >> we were taking a nap and then all of a sudden we heard this big boom and we ran outside and seen black smoke and then orange smoke. >> a train collision sparks this massive fire in north dakota. residents of an entire town are being urged to evacuate. >> the lights have been tested, the cameras are in place and the crowds -- >> hey! >> -- they are ready to party. >> the famous new year's eve

ball is in place above times square. it will come down at the stroke of midnight. from across the bay to around the world, the stories that matter on "kpix 5 news this morning." captions by: caption colorado comments@captioncolorado.com >> your realtime captioner is mrs. linda m. macdonald. all right. well, the new year has just arrived in sydney, australia. and there you go. this video live from sydney. the celebration features fireworks display of course over the trademark bridge and opera house. the party continues moving west across the globe ending tonight of course right here in the united states. beautiful, huh? >> beautiful, though. sydney opera house there. >> we don't quite do it like that. >> no. over the bay it's pretty too but that's gorgeous. happy new year there. good morning, it is new year's eve, tuesday, december 31. i'm michelle griego. >> hi, everyone. i'm frank mallicoat. let's get you out the door with a little traffic and weather. we are going to bring